indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Bush calls for new judge in Cobell v. Norton case
Tuesday, August 16, 2005

The Bush administration stepped up its campaign against the federal judge overseeing the Indian trust fund, asking an appeals court on Monday to assign a new judge to the case.

In a 23-page motion, government attorneys repeated a host of familiar charges against U.S. District Judge Royce Lamberth. They accused him of overstepping his bounds and being too harsh on the government.

Pointing to a July 12 ruling in the Cobell v. Norton case, the administration called on the D.C. Circuit Court of Appeals to intervene. They said Lamberth went too far in comparing the genocide of Native people to the mishandling of the trust fund.

"The district court's sweeping, unqualified, and wholly disproportionate denunciations of the Department of the Interior and the Department of Justice create at least an appearance that the court will be unable to evaluate discrete undertakings by Interior -- or discrete submissions by Justice - fairly, dispassionately, and on their individual merit," Peter D. Kiesler, an assistant attorney general and Bush appointee, wrote in the brief. "Reassignment is therefore warranted."

The move is the latest in the administration's long-running attempt to take Lamberth out of the picture. Since taking over in 2001, attorneys for Interior Secretary Gale Norton have challenged every single decision the judge has made, going so far as to ask the D.C. Circuit to end the case altogether.

The administration also mounted a disqualification campaign against a special master and a court monitor who were extremely critical of the government in their reports. Both officials were forced to resign from the case under extreme pressure.

Separately, a group of past and present government officials and attorneys tried to stop Lamberth from moving forward with contempt proceedings. The U.S. Supreme Court declined to get involved and now the Department of Justice has taken up the cause.

But the judge is not the issue, according to attorneys for the Cobell plaintiffs. Dennis Gingold pointed out that Lamberth was a conservative Republican nominee of the late president Ronald Reagan.

"The government's problem is the district court making them account for 100 plus years of bad facts, its pattern of unethical behavior, and its persistent strategy of diversion, delay, and obstruction -- of which this is only the most recent example," he said yesterday.

The motion was filed as part of the government's appeal of a July 12 decision that requires the Interior Department to tell Indian beneficiaries of problems with the trust. The ruling was called unprecedented by both the Cobell plaintiffs and the Bush administration.

"For the first time in the history of this case, the majority of Indian beneficiaries will be aware of the lawsuit, the plaintiffs' efforts, and the danger involved in placing any further confidence in the Department of the Interior," Lamberth wrote.

The appeal is the third case currently before the D.C. Circuit. On September 16, the court will hear the administration's challenge to a broad historical accounting and structural injunction imposed by Lamberth. On October 14, the court takes on the contempt proceeding -- a fallout of the special master disqualification campaign.

Since 2001, the appeals court has struck down three of Lamberth's decisions at the administration's request. All three times, Bush officials claimed victory, although the victories appear to have been short lived and are still in dispute.

In one instance, the D.C. Circuit lifted an order that would have required Interior to shut down its computer systems. At the same time, the court for the first time held that the Interior Secretary has a fiduciary responsibility to protect Indian trust data.

The decision led to a 61-day evidentiary hearing into the state of information technology at the department. During this time, the Bureau of Land Management was forced to cut its Internet connection and embarrassing information was repeatedly aired during the trial.

In the two other instances, the D.C. Circuit stopped the government from complying with a historical accounting and lifted contempt sanctions against Norton and former Indian affairs assistant secretary Neal McCaleb. Both times, however, the court refused to limit Lamberth's jurisdiction and left his findings against Interior undisturbed.

Department of Justice Brief:
Cobell v. Norton (August 15, 2005)

Lamberth Decision:
Cobell v. Norton (July 12, 2005)

Relevant Links:
Indian Trust: Cobell v. Norton - http://www.indiantrust.com
Cobell v. Norton, Department of Justice - http://www.usdoj.gov/civil/cases/cobell/index.htm

Related Stories:
Cobell Letter: Ross Swimmer can't tell the truth (08/08)
Resolution of Cobell v. Norton appears far away (08/05)
Editorial: McCain and Dorgan should fix trust bill (08/04)
BLM CIO threatened with demotion in Cobell case (08/02)
Indian Country, Interior far apart on trust bill (08/01)
Editorial: Settlement of trust fund case at hand (08/01)
Appeals court stays Lamberth order on notices (07/29)
Judge blasts Interior on handling of trust (7/13)
Elouise Cobell: Principles put trust back into trust fund (07/07)
Cobell and Cason to appear on C-SPAN program (7/6)
Cobell calls for settlement of trust fund lawsuit (7/5)
Editorial: Resolution of trust fund debacle needed (7/5)
Editorial: Abramoff scandal can't compare to trust (6/30)
Opinion: Downfall of Indians traced to Army, BIA (6/28)
Pombo supports settlement of Cobell trust fund case (6/27)
Harjo: Tribes lobby to fleece their own people (6/24)
Editorial: Congress should settle trust fund (6/24)
Editorial: Trust fund a 'national embarassment' (6/22)
Indian Country united on trust reform solutions (6/21)
Trust workgroup to outline Cobell settlement goals (6/17)
Echohawk optimistic on settlement of Cobell case (06/03)
Final trust reform meeting held in North Dakota (6/3)
UTTC hosts meeting on trust reform legislation (6/1)
House panel acts to restore Bush budget cuts (05/05)
NCAI and ITMA hold second trust reform meeting (05/04)
Bush administration won't give up fight on Cobell (03/18)
McCain weighs GAO probe of Indian trust debacle (03/10)
McCain lays out Indian agenda for 109th Congress (3/7)
Norton won't testify on trust fund retaliation (2/28)
Bush official won't accept claims of trust mismanagement (02/17)
Appeals court won't hold back Lamberth on trust reform (12/13)
Appeals court supports Lamberth's authority on IT (12/06)
Lamberth critical of Norton's 'bad faith' on trust fund (10/25)
Interior denies attempt to halt trust fund payments (10/05)
Bush administration challenges trust fund ruling (09/16)
Appeals court takes on Cobell trust fund case (9/15)
Lamberth exchanges harsh words with Cobell critic (08/02)
Bush administration calls for end to Cobell case (04/09)
Cobell trust fund suit mediators announced (4/6)
DOI's Internet connection shut down for third time (03/16)
Lamberth defends special master against attack (03/16)
Anderson praises Cobell suit in NCAI speech (2/25)
Tribes still frustrated on trust reform (11/20)
Bush officials blasted by tribal leaders (11/19)
Cobell plaintiffs disputing trust fund rider (11/17)
Daschle criticizes 'shameful' rider in DOI budget bill (11/04)
Norton welcomes time-out in Cobell trust fund case (11/4)
Bush official balks at large settlement for Cobell (7/10)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
Lawmakers want BIA to delay new federal recognition reforms (3/27)
Another conviction from Chippewa Cree Tribe corruption probe (3/27)
Editorial: Shakopee Tribe contributes $5M for health initiative (3/27)
Opinion: Navajo Nation enacts 'sin tax' on unhealthy products (3/27)
Editorial: Opposition to Pamunkey Tribe recognition 'revolting' (3/27)
Dennis Jenkins: Hypocrisy for new tribal casinos in Connecticut (3/27)
Supreme Court asked to hear Kialegee Tribal Town gaming case (3/27)
Ho-Chunk Nation extends agreement for off-reservation casino (3/27)
Indiana lawmakers seek role in Pokagon Band gaming compact (3/27)
Native Sun News: Oglala Sioux leader not pleased with boycott (3/26)
Lakota Country Times: Lakota Nation Invitational stays in Rapid (3/26)
Native Sun News: Mayor of Rapid City addresses race relations (3/26)
Jane Daugherty: Tribal e-commerce continues to draw scrutiny (3/26)
Witness list for Senate Indian Affairs Committee's field hearing (3/26)
Richard Iron Cloud: Remove murderer's name from sacred peak (3/26)
Native Youth: Bring dental therapy providers to Indian Country (3/26)
Steven Newcomb: Tribal nations still under dominating process (3/26)
Law firm hosts tribes for session on marijuana in Indian Country (3/26)
Judge upholds BIA decision on Oneida Nation land-into-trust bid (3/26)
Appeals court rules against Crow Tribe in housing grant dispute (3/26)
Ho-Chunk Nation raises minimum wage to $2.75 above federal (3/26)
Mishewal Wappo Tribe to appeal decision in recognition lawsuit (3/26)
Racist emails of former Montana federal judge to be preserved (3/26)
Shingle Springs Band considered but rejected indoor gun range (3/26)
House panel backs bill to block Tohono O'odham Nation casino (3/26)
Quapaw Tribe did not include casino on land-into-trust request (3/26)
Chumash Tribe never got apology for diplomat's casino remark (3/26)
Governor won't sign casino compact with Fort Sill Apache Tribe (3/26)
Cherokee Nation approves $6.9M renovation project for casino (3/26)
Native Sun News: Oglala Sioux veteran training for Paralympics (3/25)
Alaska Native musher Chuck Schaeffer completes 2015 Iditarod (3/25)
LTBB News: Michigan tribes come together for historic meeting (3/25)
Lecture focuses on repatriation of tribal intellectual properties (3/25)
Board still working on delivering money for Cobell scholarships (3/25)
Sen. Barrasso to chair field hearing on drugs in Indian Country (3/25)
Bill for tribal marijuana compacts up for hearing in Washington (3/25)
Choctaw Nation chief hopes to travel to Ireland for monument (3/25)
HHS urged to do more to help tribes with foster care programs (3/25)
Eastern Cherokees work to teach language to new generations (3/25)
Another suggestion for Indian woman on $20 bill -- Sakakawea (3/25)
Man from Crow Tribe cites self-defense in fatal casino shooting (3/25)
Shawnee Tribe sees opposition to off-reservation gaming plan (3/25)
Navajo Nation signs Class III casino compact with New Mexico (3/25)
Quapaw Tribe insists a casino isn't focus of Arkansas land plan (3/25)
Suquamish Tribe reaches deal to allow highway work at casino (3/25)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.